HomeMy WebLinkAboutRES NO 04-91 G47 PAcE 2224
RECORDED BY
GALE S. ENSTAD
KERN COUNTY, RECORDER
JAN22 AM 8:20
Recording requested by and for the
benefit of the City of Bakersfield.
/V~IL TO, CiTY CLERK'S OFFICE
CITY HALL
1501 TRUXTUN AVENUE
RESOL~TI ON NO · 4 - 91
BAKERSFIELD, CALIFORNIA 9330~ RESOLUTION OF THE COUNCIL OF T~E CITY OF
BAKERSFIELD O~DERING '.L'~.= SUMMARY VACATION
OF 5 FEET OF TH~-10-FOOT WIDE PUBLIC
UTILITIES EASEMENTS LOCATED IN TRACT NO.
5033-2 IN THE CITY OF BAKERSFI~.T.D (SOUTHEAST
CORNER OF HAGEMAN ROAD AND C~.T~WAY DRIVE).
~ .... :~, WHEREAS, Chapter 4 of Part 3 of Division 9 of the
Streets and Highways Code authorizes the City Council to
.:=::./~_LT, summarily vacate certain easements; and
WHEi~EAS, DEWALT CORPORATION, petitioned the Council to
vacate the 5 feet of the 10-foot wide public utilities easements
in Tract No. 5033-12, described in full in Exhibit "A" and
depicted in Exhibit "B", attached hereto and incorporated as
though fully set forth herein; and _
WqfEI~EAS, the subject easement is eligible for sun~nary
vacation on the basis that the easement has been superseded by
relocation and there are no other public facilities located
within the easement; and
WHF~REAS, the subject easement is unnecessary for
present or prospective public utilities purposes; and
~, the Planning Commission, at its meeting of
December 20, 1990, considered and found that the proposed
vacation is consistent with the General Plan of the City of
Bakersfield.
NOW, THEREFORE, BE IT RESOL~iu by the Council of the
City of Bakersfield as follows:
1. All the foregoing recitals are found to be true and
correct.
2. The proposed vacation is consistent with the
General Plan of the City of Bakersfield.
3. In accordance with Section 8333 of the California
Streets & Highways Code, the 5-feet of'the 10-foot wide public
utilities easements in Tract No. 5033-2, described in Exhibit "A"
attached hereto and incorporated as though fully set forth
herein, has been superseded by relocation.
· ~7:.'~t4 ~479 PAC[ 2225
4. The action herein taken is exempt from the
£equirements of the California Environmental Quality Act because
there is no possibility that the action may have a significant
effect on the environment.
5. Pursuant to Chapter 4 of Part 3 of Division 9
the Streets and Highways Code, the above-described public
utilities easements are hereby vacated, and shall no longer
constitute a public service easement.
of
6. The City Clerk shall certify to the passage of this
Resolution and shall cause a certified copy hereof, attested by
the Clerk under the seal of the City, to be recorded in the
Office of the County Recorder of the County of Kern, California.
.......... o0o ..........
64?9 PAt[ 2226
I BF~_~Y CE~TF~ that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on JAN- § 1991 , by the
following vote:
AYES: COUNCILMEMBERS: [C.";;.~2~, De~IOND. SMITH, BRUNNL PETERSON, McDERMOTT, SALV~,GGIO
NOES; COUNCILMEMBERS
ABSENT COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
the Council of the City of Bakersfield
APPROVED JAI':" 9 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
ROBERT M..~FY ~' /
ACTING CITY ATTORZq~Y of the City of Bakersfield
LCM/RY/meg
SUMMARY.VAC~
PUB-UTIL.EAS
1/2/91
Attachments
Exhibit "A"
Exhibit
G479 PA [ 2227
EY.-~{I B I T '' A"
LEGAL DESCRIPTION
Those 5-foot-wide portions of the 10-foot-wide
public utilities easements in lots as shown on
map of Tract No. 5033 Phase 2 filed in Book 38
of Maps at pages 15 and 16 in the office of
the Kern County Recorder, being more
particularly described as follows:
The southerly 5 feet of said 10-foot easement
in Lot 10;
The northerly 5 feet of said 10-foot easement
in Lot No. 16;
The easterly 5 feet of said 10-foot easement
in Lot No. 24; and
The easterly 5 feet of said 10-foot easement
in Lot No. 30.
F~CEPTING those portions lying within the
front 6 feet of said Lots 10, 16, 24 and 30.
RY/meg
LEGAL3
12/28/90